Un devided interest in minral rights but own all the surface rights?

Question

I have 1/3 undivided interest in mineral rights but own 100%all the surface rights. deed reads like this after the property description…(Reserving the granters an 2/3 interest of all oil, gas, minerals and other hydrocarbon substances together the right to remove the same.)

Oil and gas exploration company has sign the lease $25 an acre with 2/3 mineral right holders to explore the oil and gas .I feel I being the 100%land owner I should be getting all the exploration money if the company finds oil and gas then they get their 2/3 share in the mineral rights. What happens if I don’t sign the lease can they still come and explore since it a undivided interest.

Answer 1

U  really should go see a lawyer for something like this it is very complicated stuff and will save u time and money in the long run.  Your lawyer will look after your best interests. thats what they do so dont take too much advice from people on here.

Answer 2

The attorneys will love this one. The mineral rights are one issue,but access to the land surface is yours.  Get an attorney who understands mineral rights and land use in your area.  They may need to negotiate with you for right of access.

Answer 3

Yes, you need a lawyer.  Mineral rights "do" generally include the right to access the property and remove minerals as long as no serious damage is done to the land.  If you own land and not the mineral rights they can come drill in your backyard if they want to.  It's very interesting that you have 1/3 of the mineral rights.  I'm pretty sure they will have to get you to sign the lease too, but please ask a lawyer.  It will vary by state and by the wording of the lease, etc....  It gets complicated and lawyers go to school for years to understand this stuff!